TaxTMI 
TaxTMI 
2022 (10) TMI 1289
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....e of the appellant/complainant is that he and the respondent/accused were friends. The respondent/accused is a RMP Doctor and runs a Clinic at Kanna Palace in Chinna Kadai Street, Tiruvannamalai. The respondent/accused had availed loan from various persons for his Heart operation and for repaying those loans, the respondent/accused requested the appellant to lend money for a sum of Rs.8,00,000/-. The appellant advanced the said loan out of his savings and from the amount received from his mother Kuppammal in a sale of property. The respondent/accused had assured repayment of the loan with interest of Rs.2/- for Rs.100/- per month and had also executed Promissory Note, in which two witnesses have signed. Thereafter, the appellant/complainant....
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....no one was examined and no document was marked. After trial, by judgment dated 25.07.2022, the learned Magistrate dismissed the complaint and acquitted the respondent. 4 Aggrieved over the judgment of acquittal, the complainant has filed the present appeal before this Court. 5 The learned counsel appearing for the appellant/complainant would submit that the respondent/accused borrowed money and gave cheuqe towards discharge of the debt and when the complainant presented the same for collection, it was returned as "Funds Insufficient" and hence the complainant caused legal notice, but in spite of receipt of the said notice, the respondent/accused neither repaid the amount nor sent any reply. 5.1 The learned counsel appearing for the....
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....t and the documents produced and erroneously acquitted the respondent/accused, which warrants interference of this Court. 6 Even though notice served on the respondent/accused and he also entered appearance through counsel while hearing the petition seeking leave, today when the matter is taken up for hearing there is no representation for the respondent/accused. 7 The main defence taken by the respondent/accused before the trial Court is that since the appellant/complainant and the respondent/ accused were friends, the appellant/complainant has requested to provide any financial help or cheque leaf to obtain loan from a financial institution, by using the cheque as security. The appellant/complainant at the time of lending money did ....
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.... to explain and prove his lending capacity. 12 From the materials, it is seen that the appellant/complainant specifically stated that he lent Rs.8,00,000/- to the respondent/accused out of his savings and also the money received from his mother out of the sale proceeds, but to prove the same, the appellant/complainant neither examined his mother nor produced any reliable documents. Further the appellant/complainant did not offer any acceptable explanation regarding the interest for the period from lending of money till issuance of the subject cheque. It is to be noted that no prudent man will remain quite for a period of three years without receiving any interest, when he lent the money out of his savings and from the money received from....